Nur Solikin
Universitas Islam Negeri Syarif Hidayatullah Jakarta

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Legal Adaptation for Muslim Minorities: A Reconstruction of Fiqh al-Aqalliyyat through the Methodological Frameworks of Abdullah bin Bayyah and Muhammad Yusri Ibrahim Nur Solikin; Syaiful Ahyar; Muhamad Zaenal Muttaqin; Mochamad Syaefudin; Hilmi Ridho
AL-ISTINBATH : Jurnal Hukum Islam Vol 11 No 1 (2026)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v11i1.13028

Abstract

This article examines the reconstruction of fiqh al-aqalliyyat as a framework for legal adaptation addressing the complex socio-legal challenges faced by Muslim minorities in non-Muslim majority societies. It focuses on the methodological frameworks developed by Abdullah bin Bayyah and Muhammad Yusri Ibrahim, two prominent contemporary scholars whose works have significantly shaped minority jurisprudence. Employing a comparative doctrinal and analytical approach, this study examines their primary writings sinaʿat al-Fatwa wa Fiqh al-Aqalliyyat and Fiqh al-Nawazil li al-Aqalliyyat al-Muslimah to identify the epistemological foundations, legal reasoning patterns, and normative objectives underlying their approaches. The findings demonstrate a clear methodological divergence: Ibn Bayyah emphasizes maqāṣid al-shariʿah, tahqiq al-manat, and contextual legal reasoning rooted in the Maliki tradition to enable adaptive and purpose-oriented rulings, while Yusri Ibrahim adopts a more textualist and precedent-based framework within the Hanbali school, prioritizing juristic continuity and doctrinal restraint. This article argues that fiqh al-aqalliyyat should be understood not merely as a collection of legal concessions (rukhaṣ), but as a systematic methodological paradigm that negotiates normative fidelity and contextual responsiveness. By reframing minority fiqh through the lens of legal adaptation, this study contributes to contemporary debates on Islamic legal methodology, minority rights, and the future development of Islamic jurisprudence in pluralistic societies.
Beyond the Radicalism Narrative: Reconstructing Islamic Political Moderation through Shafi'i Jurisprudence in Indonesia Muhammad Abu Dzar; Laras Shesa; Miftahuddin; Mochamad Syaefudin; Nur Solikin
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 20 No. 2 (2026)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v20i2.16354

Abstract

The association of Islamic politics with radicalism has become a dominant narrative in contemporary discussions on religion and politics in Indonesia. Existing studies have largely focused on radical movements, religious extremism, and political Islam. At the same time, insufficient attention has been given to the intellectual traditions that have historically shaped moderate Islamic political engagement. This study examines how Shafi'i jurisprudence provides a normative and adaptive framework for political moderation and explores its relevance in challenging radicalism-centered interpretations of Islamic politics. Using qualitative library research, the study analyzes classical Shafi'i political texts, particularly the works of al-Mawardi, al-Juwaynī, and al-Ghazālī, alongside the historical experiences of Hasyim Asy'ari, Mohammad Natsir, and Nahdlatul Ulama in negotiating the relationship between Islam, politics, and the nation-state. The findings reveal that political moderation in the Shafi'i tradition is constructed through five interconnected principles: public welfare (maṣlaḥah), consultation (shūrā), preservation of social order (ḥifẓ al-niẓām), legal realism, and public accountability. These principles enable a flexible and context-sensitive approach to governance, allowing Indonesian Muslim scholars to selectively adapt classical doctrines while rejecting elements incompatible with democratic pluralism. The study argues that the Indonesian experience demonstrates an adaptive model of Shafi'i political thought that reconciles Islamic normative commitments with constitutionalism, democracy, and national unity. This article contributes to the literature by proposing Adaptive Shafi'i Political Theory, a theoretical framework introduced in this study, to explain how classical Shafi'i political principles are selectively adapted to support constitutionalism, democracy, and national unity beyond the dominant radicalism narrative.